What do the courts expect before a civil claim is issued?

The parties are expected to follow any applicable pre-action protocol or the practice direction: set out the claim clearly, disclose key documents, respond within a reasonable time and consider alternative dispute resolution. Failing to do so can be penalised in costs even by a party who ultimately wins.

How long do I have to bring a claim?

Limitation periods depend on the type of claim — for example, six years for most contract claims, with different rules for deeds, personal injury and cases involving concealment. If a deadline may be close, say so in your enquiry so that we can prioritise it.

Will my property dispute have to go to court?

Most property disputes settle before a final hearing. The courts expect parties to exchange information and consider negotiation, mediation or expert determination before issuing proceedings. We prepare every matter on the basis that it may be litigated, because a well-evidenced position is usually what produces a sensible settlement.

Businesses, property companies, directors and individuals

Civil and commercial litigation solicitors

Disputes handled with a view on cost, recovery and the point at which settling beats winning.

Start Your Enquiry

Litigation is a means to a commercial end. Before a claim is issued the questions that matter are whether the claim is good, whether the defendant can pay, what it will cost to get to judgment and what the court expects the parties to try first.

We advise businesses, property companies, directors and individuals on civil and commercial disputes in England & Wales, with a particular strength where the dispute touches property, premises or a landlord's business.

Who we act for

Businesses in dispute with a customer, supplier or contractor
Property companies and landlords with disputes beyond the lease itself
Directors and shareholders facing claims arising from company dealings
Individuals with a substantial civil dispute or an urgent hearing

Disputes we handle

Contract and commercial disputes: Breach of contract, defective performance, termination, unpaid invoices and disputes over what was agreed.
Property-related civil claims: Claims arising from premises, works, services and property transactions that fall outside pure property litigation.
Court and tribunal representation: Representation at hearings, applications and case management conferences, including on discrete instructions.
Pre-action and protocol work: Letters of claim and response, disclosure, alternative dispute resolution and costs-protective offers.
Injunctions and urgent applications: Advice on urgent relief where delay would cause real harm, and on the undertakings that come with it.
Enforcement of judgments: Turning a judgment into money, including enforcement against property where appropriate.

How Resolve can help

Assess merits, recoverability and limitation before any money is committed
Comply with pre-action protocols so costs sanctions are avoided
Use mediation and structured offers to close disputes early where the numbers justify it
Conduct proceedings and attend hearings
Enforce, or resist enforcement of, judgments

How a civil claim runs

1. Merits and viability
Documents reviewed, limitation checked and the defendant's ability to pay assessed.
2. Pre-action
Letter of claim or response, disclosure of key documents and consideration of ADR.
3. Proceedings
Statements of case, directions, disclosure, witness evidence and any expert evidence.
4. Trial or settlement
Negotiated settlement, mediation or trial, then enforcement of the outcome.

Why clients instruct us

Commercial framing: what the dispute is worth, not only who is right
Property and landlord context is understood, not learned at your expense
Availability for discrete hearings as well as full conduct
Watford office acting for clients in London and across England & Wales

Where we act

We conduct civil and commercial claims in the county court and High Court throughout England & Wales, including the London courts.

Civil & Commercial Litigation — how we can help

Each area below sets out the issues we handle, the steps involved and what to send us first.

Court Representation
Businesses, landlords and individuals with a listed hearing
Representation at hearings, applications and tribunals — on full instructions or for a single listed hearing.
Contract Disputes
Businesses, property companies and individuals
Breach of contract, defective performance, termination, unpaid invoices and disputes about agreed terms.

Frequently asked questions

What do the courts expect before a civil claim is issued?
The parties are expected to follow any applicable pre-action protocol or the practice direction: set out the claim clearly, disclose key documents, respond within a reasonable time and consider alternative dispute resolution.
Failing to do so can be penalised in costs even by a party who ultimately wins.
How long do I have to bring a claim?
Limitation periods depend on the type of claim — for example, six years for most contract claims, with different rules for deeds, personal injury and cases involving concealment.
If a deadline may be close, say so in your enquiry so that we can prioritise it.
Will my property dispute have to go to court?
Most property disputes settle before a final hearing. The courts expect parties to exchange information and consider negotiation, mediation or expert determination before issuing proceedings.
We prepare every matter on the basis that it may be litigated, because a well-evidenced position is usually what produces a sensible settlement.

Read all frequently asked questions

Start Your Enquiry

Tell us briefly what has happened and what you need. Email and telephone are both required so we can respond in the way that suits you.